DOJ proposes remedy to address Apple’s alleged ebook price fixing
TweetFollow Us on Twitter

DOJ proposes remedy to address Apple’s alleged ebook price fixing

The Department of Justice and 33 state attorneys general have submitted to the court a proposed remedy to address Apple's illegal conduct, following the July 10, 2013, U.S. District Court for the Southern District of New York decision finding that Apple conspired to fix the prices of e-books in the United States. The proposed relief "is intended to halt Apple’s anticompetitive conduct, restore lost competition and prevent a recurrence of the illegal activities."
 
"The court found that Apple’s illegal conduct deprived consumers of the benefits of e-book price competition and forced them to pay substantially higher prices," says Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "Under the department’s proposed order, Apple’s illegal conduct will cease and Apple and its senior executives will be prevented from conspiring to thwart competition in the future."
 
The department’s proposal, if approved by the court, will require Apple to terminate its existing agreements with the five major publishers with which it allegedly conspired -- Hachette Book Group (USA), HarperCollins Publishers L.L.C., Holtzbrinck Publishers LLC, which does business as Macmillan, Penguin Group (USA) Inc. and Simon & Schuster Inc. -- and to refrain for five years from entering new e-book distribution contracts which would restrain Apple from competing on price. 

Under the department’s proposed remedy, Apple will be prohibited from again serving as a conduit of information among the conspiring publishers or from retaliating against publishers for refusing to sell e-books on agency terms. Apple will also be prohibited from entering into agreements with suppliers of e-books, music, movies, television shows or other content that are likely to increase the prices at which Apple’s competitor retailers may sell that content. 

To "reset competition to the conditions" that existed before the conspiracy, Apple must also for two years allow other e-book retailers like Amazon and Barnes & Noble to provide links from their e-book apps to their e-bookstores, allowing consumers who purchase and read e-books on their iPads and iPhones to compare Apple’s prices with those of its competitors.
 
Additionally, the Department of Justice is asking the court to appoint an external monitor to ensure that Apple’s internal antitrust compliance policies are sufficient to catch anticompetitive activities before they result in harm to consumers. The monitor, whose salary and expenses will be paid by Apple, will work with an internal antitrust compliance officer who will be hired by and report exclusively to the outside directors comprising Apple’s audit committee. The antitrust compliance officer will be responsible for training Apple’s senior executives and other employees about the antitrust laws and ensuring that Apple abides by the relief ordered by the court.
 
On April 11, 2012, the department filed a civil antitrust lawsuit in the U.S. District Court for the Southern District of New York against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster, for conspiring to end e-book retailers' freedom to compete on price by taking control of pricing from e-book retailers and substantially increasing the prices that consumers paid for e-books.
 
At the same time that it filed the lawsuit, the department reached settlements with three of the publishers -- Hachette, HarperCollins and Simon & Schuster. Those settlements were approved by the court in September 2012.  The department settled with Penguin on Dec. 18, 2012, and with Macmillan on Feb. 8, 2013. The Penguin settlement was approved by the court in May 2013. Final approval of the Macmillan settlement is pending before the court. 

Under the settlements, each publisher was required to terminate agreements that prevented e-book retailers from lowering the prices at which they sell e-books to consumers and to allow for retail price competition in renegotiated e-book distribution agreements.
 
The department’s trial against Apple, which was overseen by Judge Denise Cote, began on June 3, 2013. The trial lasted for three weeks, with closing arguments taking place on June 20. The court issued its opinion that Apple violated Section 1 of the Sherman Act on July 10,.  The court will hold a hearing on remedies on Aug. 9, 2013.

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Latest Forum Discussions

See All

Soft Drummer (Music)
Soft Drummer 1.0 Device: iOS Universal Category: Music Price: $14.99, Version: 1.0 (iTunes) Description: Soft Drummer is the closest thing to a pro session subtle drummer in your pocket. Easy to use and fast, it's much more than a... | Read more »
Is GO Gear the Pokemon GO map app you...
Now that we've settled into something of a Pokemon GO status quo, the number one desire of most players can best be summed out by modifying a quote from Rod Tidwell of Jerry Maguire: "Show me the Pokemon!" [Read more] | Read more »
Rodeo Stampede update: Mountains, new an...
The Savannah and Jungle were just the beginning in Rodeo Stampede. Get ready to head for the Mountains. I think I heard that in a beer ad once. [Read more] | Read more »
COSMOS RINGS (Games)
COSMOS RINGS 1.0.0 Device: iOS iPhone Category: Games Price: $5.99, Version: 1.0.0 (iTunes) Description: This game cannot be played without the Apple Watch.Released anniversary sale until August 31,2016 PST! A tragic tale of time's... | Read more »
How to get started selling on Mercari
As far as ecommerce has come over the last decade or so, there's still a tremendous opportunity to make it easier for people to buy and sell goods. That's especially true when it comes to shopping apps, which should only continue to increase in... | Read more »
Human Anatomy Atlas 2017 Edition - Compl...
Human Anatomy Atlas 2017 Edition - Complete 3D Human Body 1.0.24 Device: iOS iPhone Category: Medical Price: $24.99, Version: 1.0.24 (iTunes) Description: | Read more »
Heroes of Normandie (Games)
Heroes of Normandie 1.5 Device: iOS Universal Category: Games Price: $14.99, Version: 1.5 (iTunes) Description: The game does not support iPhone 4s and below | Read more »
Why you should never power up Pokemon in...
There's no question that candy is dandy in Pokemon GO. You need big quantities of it to evolve your Pokemon, and when combined with stardust, it can be used to power up your favorite pocket monsters as well, making them more formidable for the gym... | Read more »
Webzen launches 3D MMORPG MU Origin on i...
Mu Origin is featured time and time again at the very top of App Stores in China, and within the top five worldwide top-grossing charts on Google Play.Its popularity in Korea and China, featuring more than 120 registered players in China and 6... | Read more »
Severed (Games)
Severed 1.0 Device: iOS Universal Category: Games Price: $5.99, Version: 1.0 (iTunes) Description: LAUNCH DISCOUNT ON NOW!! ENDS AUGUST 4! ==== Take control of a one-armed warrior named Sasha, wielding a living sword on her journey... | Read more »

Price Scanner via MacPrices.net

9-inch 32GB Space Gray iPad Pro on sale for $...
B&H Photo has the 9″ 32GB WiFi Space Gray Apple iPad Pro on sale for $50 off MSRP including free shipping. B&H charges sales tax in NY only: - 9″ Space Gray 32GB WiFi iPad Pro: $549 $50 off... Read more
15-inch Retina MacBook Pros on sale for up to...
B&H Photo has 15″ Retina MacBook Pros on sale for up to $200 off MSRP. Shipping is free, and B&H charges NY tax only: - 15″ 2.2GHz Retina MacBook Pro: $1849 $150 off MSRP - 15″ 2.5GHz Retina... Read more
Second-Quarter Tablet Shipments Fell 4.8% –...
The latest report from the global market research firm TrendForce finds that worldwide tablet shipments for this second quarter totaled 33.54 million units, representing a quarterly drop of 4.8% and... Read more
Global Smartphone Sales Volumes Mark Second S...
According to preliminary results from the International Data Corporation (IDC) Worldwide Quarterly Mobile Phone Tracker, vendors shipped a total of 343.3 million smartphones worldwide in the second... Read more
Apple TVs on sale for $20-$40 off MSRP
Best Buy has 32GB and 64GB Apple TVs on sale for $20-$40 off MSRP on their online store. Choose free shipping or free local store pickup (if available). Sale prices for online orders only, in-store... Read more
Mac minis on sale for $50-$100 off MSRP
B&H Photo has Mac minis on sale for $50 off MSRP including free shipping plus NY sales tax only: - 1.4GHz Mac mini: $449 $50 off MSRP - 2.6GHz Mac mini: $649 $50 off MSRP - 2.8GHz Mac mini: $949... Read more
Clearance 2015 13-inch MacBook Airs available...
B&H Photo has clearance 2015 13″ MacBook Airs available for $300 off original MSRP. Shipping is free, and B&H charges NY sales tax only: - 13″ 1.6GHz/4GB/128GB MacBook Air (MJVE2LL/A): $799... Read more
Apple certified refurbished iPad mini 4s avai...
Apple has certified refurbished iPad mini 4s now available for up to $120 off the cost of new models. An Apple one-year warranty is included with each iPad, and shipping is free. The following models... Read more
Notebook Makers In No Rush To Adopt USB-C – R...
Digitimes’ Cage Chao and Joseph Tsai note that while the USB Type-C interface is enjoying growing popularity among smartphones and tablet makers, notebook and all-in-one (AIO) PC vendors (other than... Read more
iMacs on sale for up to $250 off MSRP
B&H Photo has 21″ and 27″ Apple iMacs on sale for up to $250 off MSRP including free shipping plus NY sales tax only: - 27″ 3.3GHz iMac 5K: $2049 $250 off MSRP - 27″ 3.2GHz/1TB Fusion iMac 5K: $... Read more

Jobs Board

*Apple* Retail - Bilingual - Multiple Positi...
…speaking a plus Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the Read more
Simply Mac *Apple* Specialist- Repair Techn...
…The Technician is a master at working with our customers to diagnose and repair Apple devices in a manner that exceeds the expectations set forth by Apple Read more
*Apple* Mobile Master - Best Buy (United Sta...
What does a Best Buy Apple Mobile Master do? At Best Buy, our mission is to leverage the unique talents and passions of our employees to inspire, delight, and enrich Read more
Best Buy *Apple* Computing Master - Best Bu...
What does a Best Buy Apple Computing Master do? At Best Buy our mission is to leverage the unique talents and passions of our employees to inspire, delight, and Read more
*Apple* Valley, CA School Speech Therapy Ope...
Apple Valley, CA School Speech Therapy Openings + Job Location: Apple Valley, CA + Category: Schools - SLP - CFY + Apply Now! + Back to Results Speech Language Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.